City to adopt county game room regulations

Behind the tinted windows and locked doors of these small shops are havens for illegal gambling and drugs, cash-rich storefronts that invite crime, Houston police say, and make community leaders cringe.

And for years, Houston City Council has been trying to fight the spread of these game rooms, where people play video poker machines known as "eight-liners." They aren't supposed to play for more than a few dollars, but police say many pay out wads of cash. Others, meanwhile, are robbed with many crimes going unreported, authorities say, in part because of the other crimes that occur there.

The city on Wednesday voted to reinforce its efforts with stricter regulations. But rather than crafting a beefed-up ordinance, the city is turning to Harris County, which enacted its own regulations under a new state law that allows nearby cities to enforce the same rules within their borders.

Houston, in effect, is piggybacking on the county's regulations, which are far stricter than the city's existing game room ordinance. City Council passed an agreement with the county to adopt the stricter rules. Harris County Commissioners Court is expected to OK the agreement in two weeks.

"It's still a head-scratcher for me that the State of Texas gave the ability to regulate game rooms to the county instead of to the city, but we quickly worked out an arrangement with the county, and I appreciate the work that they've done," Mayor Annise Parker said. "We're going to enforce, with their help, in areas we haven't been able to before."

Under the county's regulations, game rooms with six or more video poker machines will be required to obtain permits, pay a $1,000 annual fee, shut down between 10 p.m. and 8 a.m., and leave windows unobstructed. Establishments also will be required to identify themselves with signs reading "Game Room" and would be barred from requiring a membership for entry, a practice officials say keeps police out.

Effectiveness concerns

New game rooms, those that change ownership or those seeking to reinstate revoked permits must, under the new rules, locate at least 1,500 feet from schools, churches and residential neighborhoods.

"I don't think anybody who is familiar with game rooms in this city fails to understand the need for regulation in this area. These game rooms have, unfortunately, become a hub for criminal activity," City Attorney David Feldman said. "We're very much looking forward to being able to enforce the county regulations and to have a meaningful opportunity to rein in these game rooms."

The city's attempts to tighten regulations since first adopting regulations six years ago have met with four lawsuits from game room operators.

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Near Northside resident Mario Martinez, at a meeting of City Council's Public Safety Committee earlier this week, said he is concerned about existing game rooms that would not be forced to move under the new regulations.

"I'm concerned mainly because I've seen quite an influx in our neighborhood of these game rooms," Martinez said. "A lot of these game rooms that we have in our neighborhoods are within a close proximity to the schools. I'm concerned some of these kids may wander in there and have a refuge."

Tougher consequences

Houston defense lawyer Paul Decuir, who represents game room owners and employees, said existing state and city regulations are sufficient.

"This is just another way for the county and the city to get money. That's the only thing these are being implemented for," he said.

Eight-liners are legal in Texas, but game room operations that award more than a few dollars in prizes are not. Police say the shops bring illegal gambling and drugs and are often targets for robberies. Officials estimate at least eight people have been killed and nearly 100 aggravated robberies reported at Houston-area game rooms in recent years.

Officials estimate there are 367 game rooms in Houston, and about 300 more in the unincorporated county.

Houston Police Department Capt. Charlie Dunn, head of the vice division, said he wants to inspect each game room in the city at least twice a year and send in undercover officers.

Violations of the city's current game room regulations are Class C misdemeanors. Dunn said game room operators regard the associated fines of up to $500 as the cost of doing business. Under the county's regulations, violators would be charged with Class A misdemeanors and would face fines of up to $10,000 and possible jail time.

More crucial than the stiffer penalties, Dunn and Feldman said, is the ban on memberships, which will remove the operators' best tool for keeping police out.

City Council members' chief concern was whether police would be able to enforce the new rules.

"I don't think there's any lack of support for the concept," said Councilman Mike Laster. "The question is whether you have the resources to be able to do this job well."

Councilman Michael Kubosh, a bail bondsman, wondered whether enforcement has focused in the right areas, saying he's seen thousands of tickets written to low-level game room workers for things like smoking or improper posting of signs.